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Is the Pyramid Compatible with EC Law?

2013; Linguagem: Inglês

10.1007/978-90-6704-939-9_12

2215-003X

Stephen Weatherill,

Sports Analytics and Performance

The European Commission's Helsinki Report, which was published in 1999, includes the assertion that 'the pyramid structure of the organisation of sport in Europe gives sporting federations a practical monopoly. The existence of several federations in one discipline would risk causing major conflicts?'. Indeed it would create such a risk. It is not the purpose of this short paper to argue a case in favour of an injection of competition into the job of fixing the rules of the game. This contribution is instead driven by a concern that the pyramid structure, and its consequent attribution of monopoly power to sports federations, goes beyond what is required for the proper organization of European sport (in particular, football). A considerable degree of the monopoly power enjoyed by sports federations has profound commercial implications, and it is submitted that the currently constituted pyramid structure is inadequate to allow proper representation of and participation by all affected interests. Litigation is pending, and its potential impact is summarised. In particular, this paper makes a case in favour of allowing a more direct involvement in some aspects of decision-making by the major clubs than is permitted by the pyramid structure; and EC competition law is identified as a lever for achieving a re-shaping of the organisation of the game.